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2021 DIGILAW 351 (PNJ)

Gurpreet Singh v. State Of Punjab

2021-02-10

GURVINDER SINGH GILL

body2021
JUDGMENT Gurvinder Singh Gill. J. (Oral) - This order shall dispose of the above mentioned four petitions wherein petitioners Gurpreet Singh, Veerpal Kaur, Jarnail Kaur, Jassi @ Jasveer Kaur, Karamjit Kaur @ Kanak Kaur and Ram Singh, are seeking grant of anticipatory bail in a case registered vide FIR No.78, dated 16.5.2020, Police Station City South Moga, District Moga, under Sections 325, 323, 506, 148, 149 IPC (Sections 307/308 IPC added lateron). 2. The FIR was lodged at the instance of Jagdev Singh wherein it is alleged that he is a labourer and his father are six brothers namely Jamma Singh, Cheru Singh, Banta Singh, Piara Singh, Shinder Singh, Surjan Singh. They have dispute over one acre of land at village Mange Wala. On 13.5.2020, his paternal uncles Surjan Singh and Shinder Singh along with their sons Ram Singh, Puran Singh, Lachman Singh sons of Shinder Singh, Gurpreet Singh, Gurdeep Singh, Jit Singh sons of Surjan Singh came on a 'Chhota Hathi'bearing registration No. PB-29-H-8953 along with the weapons at about 6:00 a.m. They were raising lalkaras to the effect that they were going to the fields at village Mange Wala and if anybody wanted to entangle, could come there. They kept mum and at about 12:00 noon, he along with his brother Krishan Singh, his son Balbir Singh, his nephew Prabhjot Singh and his father Chotu Singh along with the ladies of their house were sitting under the tree and talking to each other. Then his nephew Mahavir Singh son of Baldev Singh who had come to have lunch went inside the house in a bathroom to wash his face and legs. In the meantime, all the persons returned back in a vehicle and went inside the house of Surjan Singh. After 2 to 3 minutes, they all along with their ladies, namely, Jarnail Kaur, Veerpal Kaur, Kaka Kaur, Jassi, Mangu Singh, Veerpal Kaur wife of Mangu Singh, all residents of Street No.3, near 'Dharampal Di Chakki', Bukkan Wala Road, Moga, came out. After 2 to 3 minutes, they all along with their ladies, namely, Jarnail Kaur, Veerpal Kaur, Kaka Kaur, Jassi, Mangu Singh, Veerpal Kaur wife of Mangu Singh, all residents of Street No.3, near 'Dharampal Di Chakki', Bukkan Wala Road, Moga, came out. Mangu distributed the weapons lying in the vehicle and gave Gandasi to Shinder Singh, 'Takua' to Surjan Singh, Gandasi to Ram Singh, Kohari to Puran Singh, 'Kirpan' to Lachman Singh and Gurpreet Singh, Gandasi to Gurdeep Singh, Kohari to Jit Singh, 'Dang' to Jarnail Singh, 'Dang' to Veerpal Kaur wife of Shinder Singh, 'Dang' to Kaka Kaur, Kohari to Jassi, Gandasi to his wife Veerpal Kaur and he himself was armed with 'Kirpan'. Lachman Singh who had consumed liquor raised lalkara to end the dispute forever and to attack upon the complainant party. On this, all the accused persons attacked upon them. Kaka Kaur and Jassi caught hold of his brother Krishan Singh,Puran gave a blow with reverse side of 'Rohan' on his head, Gurpreet gave a blow with reverse side of 'Kirpari' below right elbow, Jarnail Singh and Veerpal Kaur caught hold of his father Chotu Singh, threw him on the ground. Mangu gave a reverse blow of 'larpari' on his head. Then Veerpal Kaur gave a Gandasi blow on middle finger of his left hand. Jarnail Kaur gave blow with 'dang' on his right thumb. When he tried to escape his father, then Jeet Singh gave a blow with reverse side of Kohari on right side of his head. His son Balvir Singh stepped forward to save him. Then Surjan Singh gave a blow with reverse side of 'Tahiti1 on his head. When his nephew Prabhjot Singh came forward to save them, then Ram Singh gave a blow with reverse side of Gandasi on his head. They raised the alarm of "marditta, mardittd" and the accused persons while leaving went inside their house and caught hold of Mahavir, his nephew, Shinder Singh gave blow with reverse side of Gandasi on his head, Lachman gave blow with reverse side of 'kirpan' below left elbow. Gurdeep gave a blow with reverse side of Gandasi on his waist. Gurpreet Singh, Puran Singh and Lachman etc by dragging him brought outside and gave beating. While threatening, they left the spot on a vehicle. 3. Gurdeep gave a blow with reverse side of Gandasi on his waist. Gurpreet Singh, Puran Singh and Lachman etc by dragging him brought outside and gave beating. While threatening, they left the spot on a vehicle. 3. Learned counsel for the petitioners has submitted that it is a case of cross-versions wherein three persons from the side of the accused had also sustained injuries, in respect of which a DDR was recorded by the police. Learned counsel has further submitted that it is Puran Singh who is attributed the injury in respect of which Sections307/308 IPC have been added and that the petitioners are mostly attributed simple injuries and 4 of them are ladies who have apparently been involved falsely in order to pressurize the accused. 4. Opposing the petition, learned State counsel assisted by learned counsel for the complainant has submitted that it is a case where a large number of persons from the side of complainant had sustained injuries and that out of the 5 persons who have been injured from the complainant's side, one Krishan Singh has sustained injury on his head on account of which an offence under Section 308 IPC has also been added. Learned State counsel has however, informed that pursuant to interim directions the petitioners have since joined investigation and that challan already stands presented against 5 of the accused and that at this stage the petitioners are not required for any custodial interrogation. Learned State counsel has informed that as per information received by him, the petitioners are not involved in other cases. 5. Having regard to the aforestated position wherein this Court finds that it is a case of cross-versions where three persons from the side of the accused have also sustained injuries and that the petitioners have already joined investigation and challan also stand presented against 5 of the accused, custodial interrogation at this stage of the petitioners is not warranted and nor is required. The petitions, as such, are accepted and the interim directions issued by this Court vide order dated 29.9.2020 (in CRM-M-30176-2020), 28.8.2020 (in CRM-M-24912-2020), 8.9.2020 (in CRM-M-26516-2020) and23.11.2020 (in CRM-M-38176-2020) are hereby made absolute subject to the condition that the petitioners shall join investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438(2) Cr.P.C.